A Pleasantville man charged with shooting into a car of people outside the Mays Landing Popeyes may have been a victim, his attorney said at his detention hearing Monday.
Christian Ruiz, who turned 18 last month, faces 23 counts in the incident that ended with the driver shot in the head. The charges include six counts each of aggravated assault with a deadly weapon, aggravated assault by pointing a firearm and aggravated assault by discharging a firearm into a vehicle for each person inside the car.
But defense attorney John Zarych claims "this crew of six people ... were at popeyes to get revenge on my client," and questioned whether Ruiz even had a gun.
Ruiz, who worked at the business for about a year as a cashier and prep cook, had just closed the restaurant when the group showed up for him, both sides agreed.
At one point Ruiz was attacked and beaten, with injuries to his face, head and back, Zarych said. He was taken to the hospital before he was processed at the jail.
Assistant Prosecutor Matthew Peluso agreed that Ruiz was attacked.
"I'm not trying to belittle or make light of the sort of situation the defendant was in at the time," he told the judge. "But his use of a firearm was a disproportionate amount of force."
The state was not able to get footage of the incident from Popeyes, and no gun was recovered, he said.
No details were given about the incident that led to the alleged retaliation. Peluso mentioned that Pleasantville police were looking into "a shooting that involved this defendant's vehicle."
BreakingAC was unable to confirm that with police.
One of the occupants in the vehicle later told police that "Manny called and said he wanted to do something. ... He had a plan to get revenge on the people who messed up his car," Zarych said, reading from police notes in the case.
No full names were given.
Witnesses inside the vehicle reported hearing four or five shots. A shell casing was found in the parking lot and another inside Ruiz's vehicle, according to the state.
Zarych said he believes the shooter was inside the vehicle, alleging that those inside the car switching seats is a typical move when someone is designated the shooter.
"Very often, at moment of truth, the shooter switches seats to get a better perspective, and I belive that’s what happened here," he said.
Ruiz has no criminal history, including as a juvenile.
"I went personally to the Popeyes talk to employers there, and they say he is just the best kid ever," Zarych said. "He has never missed a day. He fills in for anybody any time, even the most inconvenient times and inconvenient hours. No one can believe there that he did anything wrong."
Ruiz's job was ready for him "the minute he’s released," he added.
That did happen.
Superior Court Judge Joseph Levin found that the state's case may not be strong, and that
"While the nature of charges is extremely concerning, the court also has to take into consideration the weight of the evidence," he said. "There are a lot of questions here regarding the weight of the evidence against the defendant."
The judge told Ruiz that releasing him "was a close call."
"(You case is) assigned to me, so if you violate any of these conditions, (your release is) going to be revoked," Levin warned him.